NCJ Number
212284
Journal
British Journal of Criminology Volume: 45 Issue: 6 Dated: November 2005 Pages: 810-836
Date Published
November 2005
Length
17 pages
Annotation
This article considers the professional regulation and discipline of solicitors as one administrative response to serious fraud and considers its relation to the criminal process.
Abstract
In examining serious fraud, this article considers one particular administrative response to serious fraud, the professional regulation and discipline of solicitors. The article draws on a comparison of the regulatory and criminal justice actions taken against solicitors drawn into high-yield investment frauds to present empirical evidence of an effective regulatory response. The central argument of the article is that regulatory enforcement action that seeks to prove facilitative wrongdoing by the professional may be more effective than criminal prosecution in protecting the public. The article discusses the differing objectives of regulatory, criminal justice, and civil proceedings. An appropriate legal and regulatory response to dishonesty or serious misconduct by solicitors is addressed. References